Live Chat: Bob Marshall Of The Lens Discusses Coastal Loss Lawsuit Against Oil And Gas Companies

Earlier this week, the Southeast Louisiana Flood Protection Authority-East filed a lawsuit blaming almost 100 companies for contributing to the disappearance of Louisiana’s wetlands by dredging thousands of miles of canals and extracting oil and gas.

The Lens’ Bob Marshall has looked into the legal and scientific basis of the lawsuit:

The heart of the case rests on a centuries-old legal principle called “servitude of drainage.” That doctrine stipulates that someone is liable for damages if he does something to increase the flow of water on another’s property. The courts have ruled the properties do not have to be contiguous.

The Flood Protection Authority claims that decades of drilling, dredging and extraction destroyed wetlands that once provided a cushion against hurricane storm surge. With that cushion reduced, storm surge has increased in the parishes under its jurisdiction, leading to a higher risk of flooding.

As a result, the Flood Protection Authority says it has to spend more to protect people and property in the metro area.

A lawsuit filed this week against dozens of companies in the oil industry has already gotten stiff political opposition. A Loyola University law professor sees a major legal battle erupting ahead for the levee board suing for wetlands repairs.